STATEMENT FROM THE TRUSTEES OF THE CHRISTIAN BROTHERS (OCEANIA PROVINCE)
Contents:
Announcement by the Trustees of the Christian Brothers - Oceania Province
Frequently Asked Questions
Contact Information
Responses to Media Enquiries
1 ANNOUNCEMENT
24 July June 2026
Today the Trustees of the Christian Brothers have advised our creditors, other stakeholders and the court of a development regarding the earlier announced proposal for a scheme of arrangement.
On 24 July 2026, the Trustees entered into a Memorandum of Understanding with the Trustees of Edmund Rice Education Australia (EREA) to develop and implement a revised creditors’ scheme of arrangement which is expected to provide an outcome for all creditors, including victims and survivors of abuse, which is better than both liquidation and the earlier proposed scheme.
The key principles which will underpin the development of the revised scheme are set out in the Memorandum of Understanding and include:
The Province Entities' properties will be realised by the Scheme Administrators and a scheme fund will be created, which will be controlled by the Scheme Administrators and used for distribution to creditors.
All scheme creditors with crystallised monetary claims (including abuse claimants with outstanding settlements or judgments, including claims to legal costs) will be paid in full from the scheme fund as soon as sufficient funds are raised from the realisation of property.
Abuse claimants with claims which are not yet crystallised will not be required to go through a claims adjudication process under the proposed scheme, and will instead be able to pursue EREA in civil litigation or via the National Redress Scheme.
EREA will consent to being nominated as the proper defendant in all abuse claims against the Province once the scheme is effective (following creditor and court approval) and EREA, the Province and the Scheme Entities will take all steps required to ensure EREA is nominated as a proper defendant in all abuse claims.
EREA will be responsible for the management and defence of abuse claims.
EREA will be liable for settlements and judgments in all abuse claims to which it is a proper defendant.
In summary this means that not only will current claimants with settlements or judgments be paid in full, but EREA will assume responsibility and liability for all current and future legal proceedings as well as for claims before the National Redress Scheme.
An additional period of time is now required to give effect to this development, including to develop the revised scheme proposal in detail and to consult with creditors and their legal advisors in relation to the revised scheme. This is expected to take an additional six to eight weeks.
Our advisors have already commenced engagement with creditors and their legal advisors to brief them on what is now proposed moving forward. Once creditors have been provided with complete details of the revised scheme, they will be invited to vote on the revised scheme. Our advisors have written to the court with an update on these developments and requesting that a directions hearing be listed so that a revised timetable for the procedural steps can be sought.
Again, as with the earlier proposal, the revised scheme must be approved by both creditors and the court.
The Trustees of the Christian Brothers thanks EREA for engaging in this process and agreeing to a pathway which would provide a substantially better outcome for our creditors, including the victims and survivors of abuse.
Ends.
Notes for media
- All comments are attributed to ‘Trustees of the Christian Brothers’
- All media enquiries are to be directed in writing only to media@oceaniaprovince.org
2 FREQUENTLY ASKED QUESTIONS (FAQs)
What has been announced?
Following the orders being made on 2 July 2026 in the Supreme Court of New South Wales, including the moratorium order, Trustees of Edmund Rice Education Australia (EREA) notified the Province that it wishes to work with the Province Entities to develop a revised creditors’ scheme of arrangement to be put to creditors and then the court for approval. A Memorandum of Understanding recording the key principles of that revised scheme has been agreed between the Province Entities and EREA. This development has been communicated to creditors and the court.
The Province Entities consist of:
1. Trustees of the Christian Brothers (ABN 64 066 939 786, ARBN 066 939 786);
2. Trustees of the Christian Brothers (Queensland) (ABN 38 961 317 851);
3. Christian Brothers Vic Property Ltd (ACN 073 889 586);
4. Trustees of the Christian Brothers in Western Australia Incorporated (ABN 41 872 516 792);
5. ERBOCF Limited (ACN 675 456 023) in its own capacity and as trustee for the Edmund Rice Brothers Oceania Community Fund (ABN 50 597 224 412); and
6. The Christian Brothers Incorporated (ARBN 695 894 467).
What does this mean?
This means that a revised scheme of arrangement will be developed over coming weeks and then presented to creditors and the court for approval.
What has changed?
Recent discussions between the Trustees of the Christian Brothers and EREA has resulted in the signing of a Memorandum of Understanding, which provides for a revised pathway forward, subject to creditor and court approval.
What does the Memorandum of Understanding propose?
The Memorandum of Understanding sets out key principles of the revised scheme which is expected to result in an outcome for our creditors including the victims and survivors of abuse, which is substantially better than both liquidation and the earlier proposed scheme. These principles will inform the development of a revised scheme of arrangement over the next six to eight weeks.
What are the principles that will underpin the revised scheme of arrangement?
The principles contained in the Memorandum of Understanding and which will underpin the development of the revised scheme of arrangement include:
The Province entities' properties will be realised by the Scheme Administrators and a scheme fund will be created, which will be controlled by the Scheme Administrators and made available for distribution to creditors.
All scheme creditors with crystallised claims (including abuse claimants with outstanding settlements or judgments, including claims to legal costs) will be paid in full from the scheme fund as soon as sufficient funds are raised from the realisation of property.
Abuse claimants with claims which are not yet crystallised will not be required to go through a claims adjudication process under the proposed scheme, and will instead be able to pursue EREA in civil litigation or via the National Redress Scheme.
EREA will consent to being nominated as the proper defendant in all abuse claims against the Province once the scheme is effective (following creditor and court approval) and EREA, the Province and the Scheme Entities will take all steps required to ensure EREA is nominated as a proper defendant in all abuse claims.
EREA will be responsible for the management and defence of abuse claims.
EREA will be liable for settlements and judgments in all abuse claims to which it is a proper defendant.
In summary this means that not only will current claimants with settlements or judgments be paid in full, but EREA will assume responsibility and liability for all current and future legal proceedings as well as for claims before the National Redress Scheme.
Would creditors including victims and survivors of abuse be paid in full under the revised scheme of arrangement?
Under the revised scheme, all creditors with a claim for a monetary amount, including claimants with outstanding settlements and judgments, would be paid in full from the scheme fund or by EREA. EREA will consent to being nominated as the proper defendant in all abuse claims against the Province once the scheme is effective (following creditor and court approval) and EREA, the Province and the Scheme Entities will take all steps required to ensure EREA is nominated as a proper defendant in all abuse claims.
What will happen to those with claims – current and future – lodged with the National Redress Scheme?
Under the revised scheme, EREA will assume responsibility for all current and future claims lodged with the National Redress Scheme.
Does the revisedscheme need to be approved by creditors and the court.
Yes. It requires approval by both creditors and the court.
When will the final details of the revisedscheme of arrangement be made available to creditors?
The Province Entities and EREA have entered into the Memorandum of Understanding, which sets out the key principles of the revised scheme. Our legal advisors are working with EREA and its legal advisors on the more detailed terms of the revised scheme. Once those terms are agreed and the materials have been prepared, they will be shared with creditors and their legal representatives for consideration and feedback.
Our advisors have written to the court with an update on recent developments and requesting that a directions hearing be listed so that a revised timetable for the procedural steps can be sought. We anticipate that final details of the revised scheme will be made available to creditors within six to eight weeks.
Will the moratorium on claims against the Province entities remain in place?
The Province will seek that the moratorium remains while the revised scheme of arrangement is developed, voted on and implemented.
What is a ‘creditors’ scheme of arrangement’?
A ‘creditors’ scheme of arrangement’ is court-approved restructuring process which is governed by Part 5.1 of the Corporations Act. If approved by creditors and the court, the proposed scheme will facilitate the orderly distribution of our remaining assets to those who have already established a monetary claim including survivors and victims of abuse experienced in our facilities, as well as other creditors, and will provide for EREA to be nominated as the proper defendant for all ongoing and future claims by victims and survivors of abuse.
Who approves a ‘creditors’ scheme of arrangement’?
A ‘creditors’ scheme of arrangement’ must first be approved by (1) at least 50% of creditors in number who are present and voting on the scheme and (2) creditors representing at least 75% in value of total claims against the Province. If creditors approve the scheme, it must then be approved by the court before it becomes binding and effective.
Notes for media
- All comments are attributed to ‘Trustees of the Christian Brothers’
- All media enquiries are to be directed in writing only to media@oceaniaprovince.org
3 CONTACT DETAILS
Reporting abuse experienced in facilities operated by the Christian Brothers
There are a number of available pathways to report abuse experienced in facilities operated by the Christian Brothers including:
- Reporting evidence of criminal allegations to your local Police.
- The National Redress Scheme which is contactable on 1800 737 377 or www.nationalredress.gov.au
- Through independent legal representation
Supports
Should you require support there are many services which are available including those listed on these sites including:
https://www.nationalredress.gov.au/help-support/247-support
https://www.childsafety.gov.au/get-support
Registering as a potential creditor
If you believe you may have a claim against the Scheme Entities, you can register as a potential creditor by submitting your contact details to this email address creditors@oceaniaprovince.org.
Please note that information regarding the Scheme will be distributed to potential claimants once the terms of the proposed scheme of arrangement have been finalised and the Court has made orders convening meetings of creditors. which is expected to occur over coming months.
Media Enquiries
All media enquiries to the Trustees of the Christian Brothers and associated entities must be in writing to media@oceaniaprovince.org.
Any enquiries not received in writing will not be responded to.